Judgment[1996] KECA 68
Case law
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Division and case type: CivilCivil Appeal
…This was a matter within the discretion of the Judge and unless we feel that he had gone completely overboard, we would not substitute his discretion with ours even if we felt we could have reached a different decision.…
…his discretion in the appellant’s favour.…
Division and case type: CivilCivil Case
…Under rule 4, above, the Court had the discretion to proceed to decide the suit, which it did. The Court having proceeded under that rule although it was not stated, the plaintiff had two options.…
…The applicant is not challenging the exercise of the Court’s discretion in refusing to grant an adjournment. In the foregoing circumstances I agree with Mr Kassim Shah that the application is incompetent.…
Division and case type: CivilCivil Suit
…This to my mind is not a good enough reason to warrant exercising my discretion in his favour.…
Division and case type: CivilCivil Appeal
…Certainly the cases show that the discretion must be exercised sparingly. The evidence must all be on the record and the new point must not raise disputes of fact.…
Division and case type: CriminalCriminal Appeal
…The Petitioner is thus disentitled from beneting from the discretion of the court as sought in the application. 4th Respondent’s Replying Adavit 11.…